Court-Martial Trial Practice

Sixty years after Congress created the UCMJ to protect accused servicemembers from abusive and arbitrary punishment, a significant faction in Congress now believes it must be almost completely dismantled and restructured because is is not being used aggressively enough. Multiple federal organizations and a fair number of outside parties consider the notion of due process…

There are some interesting articles for military justice practitioners in the Summer 2015, MLR. Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault  3. By Major Robert E. Murdough.pdf Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 4. By…

At trial, the Government repeatedly sought to use Edwards’s silence after he was Mirandized as substantive proof of guilt as well as for impeachment purposes. Over Edwards’s objection, the Government emphasized in its closing that Edwards had remained silent after law enforcement showed him the contents of the suitcase, suggesting a culpable state of mind.…

Brady Reconstructed: An Overdue Expansion of Rights and Remedies Leonard Sosnov Widener University – School of Law 2014 New Mexico Law Review, Vol. 45, No. 1, 2014 Abstract: Over fifty years ago, the Supreme Court held in Brady v Maryland, 373 U.S. 83 (1963), that the Due Process Clause requires prosecutors to disclose materially favorable…

New Developments in Criminal Law: Child Pornography and Appellate Review, by MAJ Jeremy Stephens. THE ABUSE OF DISCRETION STANDARD OF REVIEW IN MILITARY JUSTICE APPEALS, by COLONEL JEREMY STONE WEBER.

Regardless of the type of case, motive to falsely testify of a primary witness is almost always of some relevance. The recent case of Nappi v. Yelich, from the Tenth highlights that. The Sixth Amendment’s confrontation right, which applies equally to defendants in state prosecutions, “means more than being allowed to confront the witness physically.”…

Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment’s Particularity Requirement, and Search Protocols for Cell Phone Search Warrants William Clark, Boston College, Law School, Students June 30, 2015 Boston College Law Review, Forthcoming Abstract: In 2014, in Riley v. California, the U.S. Supreme Court held that the police must obtain a…

http://www.theamericanconservative.com/dreher/too-drunk-to-have-sex/ http://www.slate.com/articles/double_x/doublex/2015/02/drunk_sex_on_campus_universities_are_struggling_to_determine_when_intoxicated.html Of course the danger for men in particular is enhanced by the fraud propagated during sexual assault training that one drink means no consent. I think it fair to call this aspect of training a fraud because it is medically and legally false. And, in my view knowingly so.

Doe v. Regents of the University of Southern California San Diego While the Court respects the university’s determination to address sexual abuse and violence on its campus, after reviewing the Administrative Record, the Court finds that in this particularly case, the hearing against petitioner was unfair.

No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE CONCLUDED APPELLANT’S…